storage.googleapis.com · monday, june 17,2019,2:30p.m. 294 be it remembered that a regular zoning...

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REGULAR ZONING MEETING OF THE CITY COUNCIL MONDAY, JUNE 17,2019,2:30 P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting of the City Council of Jackson, Mississippi was convened in the Council Chambers in City Hall at 2:30 p.m. on June 17, 2019 being the third Monday of said month when and where the following things were had and done to wit: Present: Absent: Council Members: Virgi Lindsay, Vice President; Ward 7; Ashby Foote, Ward 1; Charles Tillman, Ward 5 and Aaron Banks Ward 6. Kristi Moore, City Clerk; Angela Harris, Deputy City Clerk; Ester Ainsworth, Zoning Administrator; Ramina Aghili, Associate Planner and Nakesha Watkins, Deputy City Attorney. Melvin Priester, Jr., President, Ward 2; Kenneth 1. Stokes, Ward 3 and De'Keither Stamps, Ward 4. *************** The meeting was called to order by Vice President Virgi Lindsay. *************** Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided the Council with a procedural history of Case No. 4052, including all applicable ordinances, statutes, and a briefreview of documents included in the Council agenda packets which were the applicable zoning map, future land use map, photos of the subject area, staffreport, application with exhibits and planning board meeting minutes. Vice President Lindsay requested the Clerk read the Order: ORDER GRANTING CANDACE JOINER A CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF USED AUTOMOBILES WITHIN A C-3 (GENERAL) COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 4881 I-55 SOUTH FRONTAGE RD. (PARCEL #871-290), CASE NO. 4052. WHEREAS, Candace Joiner has filed a petition for a Use Permit to allow for the sale of used automobiles within a C-3 (General) Commercial District in the City of Jackson, First Judicial District of Hinds County, Mississippi; and WHEREAS, Jackson City Planning Board, after holding the required public hearing, has recommended approval of a Use Permit to allow for the sale of used automobiles within a C-3 (General) Commercial District; and WHEREAS, notice was duly and legally given to property owners and interested citizens that a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019 to consider said change, based upon the record of the case as developed before the City Planning Board; and WHEREAS, it appeared to the satisfaction of the City Council that notice of said petition had been published in the Jackson Advocate on May 2,2019 and May 16,2019 that a hearing had been held by the Jackson City Planning Board on May 22, 2019, all as provided for by ordinances of the City of Jackson and the laws of the State of Mississippi, and that the Jackson City Planning Board had recommended approval of the petitioned Use Permit within the existing C-3 (General) Commercial District of the City of Jackson; and WHEREAS, the Council, after having considered the matter, is of the opinion that the proposed use will not be detrimental to the continued use, value, or development of properties in the vicinity and that a Conditional Use Permit be granted to allow for the sale of used automobiles within a C-3 (General) Commercial District of the City of Jackson. MINUTE BOOK 6P

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Page 1: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 294

BE IT REMEMBERED that a Regular Zoning Meeting of the City Council of Jackson,Mississippi was convened in the Council Chambers in City Hall at 2:30 p.m. on June 17, 2019being the third Monday of said month when and where the following things were had and done towit:

Present:

Absent:

Council Members: Virgi Lindsay, Vice President; Ward 7; Ashby Foote,Ward 1; Charles Tillman, Ward 5 and Aaron Banks Ward 6. Kristi Moore,City Clerk; Angela Harris, Deputy City Clerk; Ester Ainsworth, ZoningAdministrator; Ramina Aghili, Associate Planner and Nakesha Watkins,Deputy City Attorney.

Melvin Priester, Jr., President, Ward 2; Kenneth 1. Stokes, Ward 3 andDe'Keither Stamps, Ward 4.

***************The meeting was called to order by Vice President Virgi Lindsay.

***************Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4052, including all applicable ordinances, statutes,and a briefreview ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested the Clerk read the Order:

ORDER GRANTING CANDACE JOINER A CONDITIONAL USE PERMIT TOALLOW FOR THE SALE OF USED AUTOMOBILES WITHIN A C-3 (GENERAL)COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 4881 I-55 SOUTHFRONTAGE RD. (PARCEL #871-290), CASE NO. 4052.

WHEREAS, Candace Joiner has filed a petition for a Use Permit to allow for the sale ofused automobiles within a C-3 (General) Commercial District in the City of Jackson, First JudicialDistrict ofHinds County, Mississippi; and

WHEREAS, Jackson City Planning Board, after holding the required public hearing, hasrecommended approval of a Use Permit to allow for the sale of used automobiles within a C-3(General) Commercial District; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2,2019 and May 16,2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22, 2019, all as provided for by ordinancesof the City of Jackson and the laws of the State ofMississippi, and that the Jackson City PlanningBoard had recommended approval of the petitioned Use Permit within the existing C-3 (General)Commercial District of the City of Jackson; and

WHEREAS, the Council, after having considered the matter, is of the opinion that theproposed use will not be detrimental to the continued use, value, or development of properties inthe vicinity and that a Conditional Use Permit be granted to allow for the sale of used automobileswithin a C-3 (General) Commercial District of the City of Jackson.

MINUTE BOOK 6P

Page 2: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 295

NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

That the property located in the City of Jackson, First Judicial District of Hinds County,Mississippi, more particular described as follows:

Commencing at the Southwest Corner of the SE ~ of Section 6, Township 4 North, Range 1 East,Hinds County, Mississippi, run thence North 486 feet; thence East 80 feet to the point ofbeginning;from said point of the beginning, run thence East 467.2 feet to a point on the Westerly boundaryline of Interstate 55; thence go South 45 degrees, 15 minutes West along the westerly boundaryline of said Interstate 55 for a distance of 189 feet to a concrete monument; thence go South 77degrees, 32 minutes West along the boundary line of a service road connecting Interstate 55 withOld Byram road for a distance of219.3 feet to a concrete monument; thence go North 33 degrees,25 minutes West along the boundary line of said service road connecting the Interstate 55 withsaid Old Byram road for a distance of 216.4 feet back to the point of beginning, containing 1.24acres, more or less and being situated in the SE ~ OF THE Section 6, Township 4 North, Range 1East, Hinds County, Mississippi.

It is hereby granted a Conditional Use Permit to operate a used car lot for property located at 4881I-55 South Frontage Rd (Parcel 871-290) within a C-3 (General) Commercial District. The UsePermit is subject to the following conditions: the subject property meeting the minimum lot sizeof twenty-two thousand (22,000) square feet; that all service doors, buildings, structures,inoperable vehicles, outdoor storage and automobile repair uses are screened by a solid wall oropaque fence with a minimum height of six feet and no more than ten feet, to include any requiredlandscape buffer yard; and with inoperable vehicles, outdoor storage and automobile repairactivities being located to the rear or side yard and not being visible from any public right-of-way.Additionally, the Use Permit will not run with the land but be granted to Candace Joiner as theowner/ operator, and subsequent owners of an automobile sales - used business at this locationmust apply for and receive a new Use Permit; the Use Permit shall be renewed annually withsupporting documentation from the MS State Tax Commission and the Use Permit will becancelled upon the cancellation of any of the requirements from the MS State Tax Commission.However, that before a Use Permit is issued for any structure to be erected or use thereof on thesaid property, the applicant must meet the requirements established through the Site Plan Reviewprocess.

Council Member Banks moved adoption; Vice President Lindsay seconded.

Vice President Lindsay recognized Candace Joiner, Applicant , who spoke in favor to approvea Use Permit to allow for the sale ofused automobiles within a C-3 (General) Commercial District.

Vice President Lindsay recognized Jeremy Buie, who spoke in favor to approve a Use Permit toallow for the sale ofused automobiles within a C-3 (General) Commercial District.

There was no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

MINUTE BOOK 6P

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Page 3: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 296

Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4053 including all applicable ordinances, statutes,and a briefreview ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDINANCE GRANTING DKHA PROPERTIES, LLC A REZONING FROM C2(LIMITED) COMMERCIAL DISTRICT TO CMU-l- COMMUNITY MIXED USEDISTRICT, PEDESTRIAN ORIENTED TO ALLOW FOR APARTMENTSAND/OR APARTMENTS IN A MIXED USE BUILDING FOR THE PROPERTYLOCATED AT 4436 NORTH STATE ST. (PARCEL # 430-12), CASE NO. 4053.

WHEREAS, DKHA Properties, LLC has filed a petition to rezone property located at4436 North State St., in the City of Jackson, First Judicial District of Hinds County, Mississippi,from C2 (Limited) Commercial District to C3 (General) Commercial District to allow forapartments in a non-residential structure; and

WHEREAS, the Jackson City Planning Board, after holding the required public hearing,has recommended the approval of the rezoning of the property from C2 (Limited) CommercialDistrict to CMU-l- Community Mixed Use District, Pedestrian Oriented to allow for apartmentsand/or apartments in a mixed use building; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2,2019 and May 16, 2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22,2019, all as provided for by ordinancesof the City of Jackson and the laws ofthe State ofMississippi, and that the Jackson City PlanningBoard had recommended the rezoning of the above described property to CMU-I- CommunityMixed Use District, Pedestrian Oriented; and

WHEREAS, the Council after having considered the matter, is of the opinion that suchchanges would be in keeping with sound land use practice and to the best interest of the City andthat there has been a substantial change in the land use character of the surrounding area thatjustifies rezoning the property and there is a public need for additional property in that area zonedin accordance with the recommendation of the City Planning Board since any previous CityCouncil action.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

SECTION 1. That the property located in the City of Jackson, First Judicial District of HindsCounty, Mississippi, more particular described as follows:

That certain parcel of land, together with the buildings and improvements thereon standing,situated in the Frist Judicial District, County of Hinds, State of Mississippi, and being moreparticularly described as follows:

A parcel ofland containing 7.77 acres (338,227.20 square feet), more or less, being situated inLots I & 2, Block L, Northview Addition Part II, map or plat thereof recorded in Plat Book B atPage 116, Hinds County Chancery Clerk's Office, and the North West 1/4 of the North West 1/4of Section 23, Township 6 North, range I East, (being shown as part of the "Reserved" area on thePlat of G.L. Subdivision, as recorded in Cabinet B, Slide 57, Hinds County Chancery Clerk'sOffice.) Hinds County, Mississippi, and being more particularly described by metes and boundsas follows:

MINUTE BOOK 6P

Page 4: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 297

Commence at the intersection ofthe Northern right ofway line ofNorth Mart Plaza with the Easternright of way line of North State Street; run thence North for a distance of 198.10 feet; thence Eastfor a distance of29.93 feet to a found iron pin on the Eastern right ofway line ofNorth State Street,said pin marking the POINT OF BEGINNING for the parcel herein described; run thence alongsaid right ofway North 10 degrees 16 minutes 05 seconds East for a distance of 394.99 feet; thenceleave said right ofway and run South 89 degrees 44 minutes 00 seconds East for a distance of35.56feet to an existing building; thence run along said existing building line South 00 degrees 16 minutes00 seconds West for a distance of 0.39' feet to a building comer; thence run along building lineNorth 89 degrees 59 minutes 44 seconds East for a distance of 56.70 feet to a building corner;thence run along building line North for a distance of 0.19 feet; thence leave said building line andrun South 89 degrees 44 minutes 00 seconds East for a distance of 107.74 feet; thence run North 02degrees 40 minutes 44 seconds East for a distance of35.05 feet to a found axle on the South line ofBlock 0, G.I. Subdivision; thence run along said South line South 89 degrees 44 minutes 00 secondsEast for a distance of471.84 feet; thence leave said South line and run North 00 degrees 21 minutes24 seconds East for a distance of 150.0 feet to the Southern right of way of Naples Road; thencerun along said right of way South 89 degrees 36 minutes 01 seconds East for a distance of 72.00feet; thence leave said right of way and run South 02 degrees 35 minutes 17 seconds East for adistance of 150.02 feet to the South West comer of Lot 9, Block 0, G.L. Subdivision; thence runalong the south line ofG.I. Subdivision South 89 degrees 44 minutes 00 seconds East for a distanceof 120.53 feet; thence run South 02 degrees 31 minutes 32 seconds West along the West line ofMcCall Subdivision Part 2 for a distance of 278.07 feet to the South West comer of McCallSubdivision Part 2 and the South line of Lot 1 Block L, Northview Addition Part II; thence leavethe West line ofMcCall Subdivision Part 2 and run along the South line ofLot 1Block L, NorthviewAddition Part 11 South 89 degrees 50 minutes 43 seconds West for a distance of 332.27 feet to theNorth West comer ofthe Callaway Property as described in Deed Book 5227 Page 122; thence runalong the West line of the Callaway Property South 06 degrees 38 minutes 16 seconds West for adistanceofl51.57 feet; thence leave said West line and run North 89 degrees 52 minutes 27 secondsWest for a distance of59.87 feet; thence North 05 degrees 56 minutes 55 seconds East for a distanceof 10.09 feet; thence North 89 degrees 52 minutes 05 seconds West for a distance of 59.80 feet;thence South 09 degrees 03 minutes 52 seconds West for a distance of 10.65 feet; thence South 89degrees 55 minutes 37 seconds West for a distance of 287.96 feet; thence North 06 degrees 50minutes 26 seconds East for a distance of 10.03 feet; thence North 89degrees 55 minutes 04 secondsWest for a distance of 174.99 feet to the POINT OF BEGINNING.

It is hereby modified so as to approve the rezoning of the property located at 4436 North State St.(Parcel # 430-12) from C2 (Limited) Commercial District to CMU-l- Community Mixed UseDistrict, Pedestrian Oriented to allow for apartments and/or apartments in a mixed use building.However, that before for any structure is erected or use thereof on the said property, theapplicant must meet the requirements established through the Site Plan Review process. TheZoning Administrator is ordered to note such change on the Official Zoning Map to the City ofJackson, Mississippi.

SECTION 2. That the cost of publication of this Ordinance shall be borne by the petitioner.

SECTION 3. That this Ordinance shall be effective thirty (30) days after its passage and afterpublication of same by the petitioner.

Council Member Banks moved adoption; Vice President Lindsay seconded.

There was no representation from the Applicant and no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

MINUTE BOOK 6P

Page 5: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY. JUNE 17,2019,2:30 P.M. 298

Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4054, including all applicable ordinances, statutes,and a briefreview ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDER GRANTING JCD URBAN DEVELOPMENT A SPECIAL EXCEPTIONTO ALLOW FOR A RESIDENTIAL COMMUNITY FACILITY FOR THECONDUCTING OF OFFICE/ COMMUNITY ACTIVITIES WITHIN AN R-1ARESIDENTIAL DISTRICT FOR PROPERTY LOCATED AT 2034 W.MCDOWELL RD., CASE NO. 4054.

WHEREAS, JCD Urban Development filed a petition for a Special Exception to allow fora residential community facility for the conducting of office/community activities within a R-IA(Single-Family) Residential District, for the property located at 2034 W. McDowell Rd., in theCity of Jackson, First Judicial District of Hinds County, Mississippi; and

WHEREAS, the Jackson City Planning Board, after holding the required public hearinghas recommended approval of the said petition; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the City Council would be held at the City Hall at 2:30 p.m., June 17,2019 toconsider said petition, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2,2019 and May 16,2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22, 2019, as provided for by ordinances ofthe City of Jackson and the laws of the State of Mississippi, and that the Jackson City PlanningBoard had recommended approval ofa Special Exception for the above described property, withinan existing R-IA Zoning District of the City of Jackson; and

WHEREAS, it appears to the Council that the documents are in order, and that therecommendation of the Planning Board to approve a Special Exception to allow for a residentialcommunity facility for the conducting of office/community activities within an R-IA (Single­Family) Residential District does support the promotion of the public health, safety, morals, thegeneral welfare of the community and the granting of such will not adversely affect adjacentproperty owners; and

WHEREAS, it appears to the Council that the petition for the Special Exception be grantedbased on the findings that the granting of the Special Exception does promote the public health,safety, morals, or the general welfare ofthe community and the granting ofsuch will not adverselyaffect surrounding properties.

NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

That the property located in the First Judicial District of Hinds County, Jackson,Mississippi, and being more particularly described as follows:

50 FT E/S MCDOWELL RD X 416.2 FT E & W BEG 50 FT N OF SOUTH LINE NW I,4 NEI,4 SEC 13 T5 RIW.

It is hereby granted a Special Exception to allow for a residential community facility for theconducting of office/community activities for the property located at 2034 W. McDowell Rd. onproperty zoned R-IA (Single-Family) Residential District. However, that before for any structureis erected or use thereofon the said property, the applicant must meet the requirements establishedthrough the Site Plan Review process.

Council Member Banks moved adoption; Vice President Lindsay seconded.

MINUTE BOOK 6P

Page 6: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 299

Vice President Lindsay recognized Angela Dyre of JCD Urban Development, Applicant, whospoke in favor to approve a Special Exception to allow for a residential community facility for theconducting of office/community activities within a R-IA (Single-Family) Residential District.

There was no opposition from the public .

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4055, including all applicable ordinances, statutes,and a brief review ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos ofthe subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDINANCE GRANTING PROPERTY SERVICES INVESTMENT, LLC AREZONING FROM R-l (SINGLE-FAMILY) RESIDENTIAL DISTRICT TO C-2(LIMITED) COMMERCIAL DISTRICT TO ALLOW FOR A NEIGHBORHOODRESTAURANT FOR THE PROPERTY LOCATED AT 3826 NORTHBROOK DR.(PARCEL #430-70-1), CASE NO. 4055.

WHEREAS, Property Services Investment, LLC has filed a petition to rezone propertylocated at 3826 Northbrook Dr. (Parcel #430-70-1) , in the City of Jackson, First Judicial Districtof Hinds County, Mississippi, from R-l (Single-Family) Residential District to C-2 (Limited)Commercial District to allow for a neighborhood restaurant; and

WHEREAS, the Jackson City Planning Board, after holding the required public hearing,has recommended the approval of the rezoning of the property from R-l (Single-Family)Residential District to C-2 (Limited) Commercial District to allow for a neighborhood restaurant;and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2, 2019 and May 16, 2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22, 2019, all as provided for by ordinancesofthe City of Jackson and the laws of the State ofMississippi, and that the Jackson City PlanningBoard had recommended the rezoning of the above described property to C-2 (Limited)Commercial District; and

WHEREAS, the Council after having considered the matter, is of the opinion that suchchanges would be in keeping with sound land use practice and to the best interest of the City andthat there has been a substantial change in the land usc character of the surrounding area thatjustifies rezoning the property and there is a public need for additional property in that area zonedin accordance with the recommendation of the City Planning Board since any previous CityCouncil action.

MINUTE BOOK 6P

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Page 7: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17, 2019, 2:30 P.M. 300

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

SECTION 1. That the property located in the City of Jackson, First Judicial District of HindsCounty, Mississippi, more particular described as follows:

That certain parcel of land, together with the buildings and improvements thereon standing,situated in the Frist Judicial District, County of Hinds, State of Mississippi, and being moreparticularly described as follows:

Begin at the West Line of Lot 6, 278 feet South of the Northwest comer of Lot 6; run thence Eastand parallel with the North line of Lots 6 and 5, 290.7 feet to the East line of Lot 5; run thenceSouth on the East line of Lot 5, 62 feet; run thence West and parallel with the North line of Lots 5and 6, 290.7 feet to the West line of Lot 6, run thence North on the West line of Lot 6, 62 feet tothe point of beginning, being part of Lots 5 and 6, Northview Addition, Part 3, a subdivisionaccording to a map or plat thereof which is on file and ofrecord in the office of the Chancery Clerkof Hinds County at Jackson, Mississippi, in Plat Book 3 at Page 66, reference to which is herebymade in aid of and as a part of this description .

.It is hereby modified so as to approve the rezoning ofthe property located at 3826 Northbrook Dr.(Parcel #430-70-1) from R-1 (Single-Family) Residential District to C-2 (Limited) CommercialDistrict to allow for a neighborhood restaurant. However, that before for any structure is erectedor use thereof on the said property, the applicant must meet the requirements established throughthe Site Plan Review process. The Zoning Administrator is ordered to note such change on theOfficial Zoning Map to the City of Jackson, Mississippi.

SECTION 2. That the cost of publication of this Ordinance shall be borne by the petitioner.

SECTION 3. That this Ordinance shall be effective thirty (30) days after its passage and afterpublication of same by the petitioner.

Council Member Banks moved adoption; Vice President Lindsay seconded.

Vice President Lindsay recognized Curtis Boddy, a representative of the Applicant, who spokein favor to approve a Rezoning from R-l (Single-Family) Residential District to C-2 (Limited)Commercial District to allow for a neighborhood restaurant.

There was no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

MINUTE BOOK 6P

Page 8: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 301

Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4056, including all applicable ordinances, statutes,and a briefreview ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDINANCE GRANTING SEDRION THOMAS BLEDSOE SR. A REZONINGFROM C2 (LIMITED) COMMERCIAL DISTRICT TO C3 (GENERAL)COMMERCIAL DISRICT TO OPERATE A SECOND HAND STORE FOR THEPROPERTY LOCATED AT 3165 TERRY RD. (PARCEL #620-114-1), CASE NO.4056.

WHEREAS, Sedrion Thomas Bledsoe Sr. has filed a petition to rezone property locatedat 3165 Terry Rd. (Parcel #620-114-1), in the City of Jackson, First Judicial District of HindsCounty, Mississippi, from C2 (Limited) Commercial District to C3 (General) Commercial Districtto operate a second hand store; and'

WHEREAS, the Jackson City Planning Board, after holding the required public hearing,has recommended the approval of the rezoning of the property from C2 (Limited) CommercialDistrict to C3 (General) Commercial District to operate a second hand store; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2, 2019 and May 16, 2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22, 2019, all as provided for by ordinancesof the City of Jackson and the laws ofthe State ofMississippi, and that the Jackson City PlanningBoard had recommended the rezoning of the above described property to C3 (General)Commercial District; and

WHEREAS, the Council after having considered the matter, is of the opinion that suchchanges would be in keeping with sound land use practice and to the best interest of the City andthat there has been a substantial change in the land use character of the surrounding area thatjustifies rezoning the property and there is a public need for additional property in that area zonedin accordance with the recommendation of the City Planning Board since any previous CityCouncil action.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

SECTION 1. That the property located in the City of Jackson, First Judicial District of HindsCounty, Mississippi, more particular described as follows:

That certain parcel of land, together with the buildings and improvements thereon standing,situated in the Frist Judicial District, County of Hinds, State of Mississippi, and being moreparticularly described as follows:

A part of Lots 14 and 15, Block "E", Alemeda First Addition, a subdivision according to a map orplat thereof: which is on file and of record in the office of the Chancery Clerk ofHinds County atJackson Mississippi, in Plat Book 7 Page 42, reference to which is hereby made in aid of and as apart of this description and being more particularly described as follows:

MINUTE BOOK 6P

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Page 9: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17, 2019, 2:30 P.M. 302

Commence at the Northwest Comer of Lot 16, Block "E" of said Alameda First Addition thenceSouth along the West Line of Lots 14, 15 and 16 of said Block - "E", Alameda First Addition adistance of93 .93 feet to the point ofbeginning; continue thence South along said West line ofLots14, 15, and 16 a distance of 133.9 feet to a point; thence East parallel to the South line of Lot 14 adistance of 154.43 feet to the West line of Terry Road; thence North 18 degrees 16 minutes Eastalong said West line of Terry Road 63.88 feet; thence North 71 degrees 17 minutes W 16.8 feet;thence North 13 degrees 32 minutes East 10.8 feet; thence N 70 degrees 26 minutes W 170.09 feetto the point ofbeginning.

It is hereby modified so as to approve the rezoning of the property located at 3165 Terry Rd.(Parcel #620-114-1) from C2 (Limited) Commercial District to C3 (General) Commercial Districtto operate a second hand store. However, that before for any structure is erected or use thereof onthe said property, the applicant must meet the requirements established through the Site PlanReview process. The Zoning Administrator is ordered to note such change on the Official ZoningMap to the City of Jackson, Mississippi.

SECTION 2. That the cost of publication of this Ordinance shall be borne by the petitioner.

SECTION 3. That this Ordinance shall be effective thirty (30) days after its passage and afterpublication of same by the petitioner.

Council Member Banks moved adoption; Council Member Tillman seconded.

Vice President Lindsay recognized Sedrion Thomas Bledsoe, Sr., Applicant, who spoke in favorto approve a Rezoning from C-2 (Limited) Commercial District to C-3 (General) CommercialDistrict to operate a second hand store.

There was no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4057, including all applicable ordinances, statutes ,and a brief review ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDER GRANTING JOHN B. STANTON, O/B/H OF JACKSON BREW, LLC ACONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE THRU WINDOWFOR A COFFEE SHOP WITHIN A UTC - URBAN TOWN CENTER (MIXED USE)DISTRICT FOR PROPERTY LOCATED AT 3100 OLD CANTON RD. (PARCEL#2-16), CASE NO. 4057.

WHEREAS, John B. Stanton, olb/h of Jackson Brew, LLC has filed a petition for a UsePermit to allow for a drive thru window for a coffee shop within a UTC - Urban Town Center(Mixed Use) District for the property located at 3100 Old Canton Rd in the City of Jackson, FirstJudicial District of Hinds County, Mississippi; and

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Page 10: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 303

WHEREAS, Jackson City Planning Board, after holding the required public hearing, hasrecommended approval ofa Conditional Use Permit to allow for a drive thru window for a coffeeshop within a UTC - Urban Town Center (Mixed Use) District; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17, 2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2, 2019 and May 16, 2019 that a hearing hadbeen held by the Jackson City Planning Board on May 22,2019, all as provided for by ordinancesof the City of Jackson and the laws of the State ofMississippi, and that the Jackson City PlanningBoard had recommended approval of a Conditional Use Permit within the existing UTC - UrbanTown Center (Mixed Use) District of the City of Jackson; and

WHEREAS, the Council, after having considered the matter, is of the opinion that theproposed use is compatible with the character of development in the vicinity relative to density,bulk and intensity of structures, parking and that a Use Permit be granted for a drive thru windowfor a coffee shop within the existing UTC (Mixed -Use) District of the City of Jackson with theconditions that the Use Permit be granted on an annual basis; that the Use Permit be granted to thecurrent owner/operator of the Jackson Brew LLC coffee shop; and that subsequent owners oroperators of a coffee shop at this location must apply for and receive a new Use Permit.

NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

That the property located in the City of Jackson, First Judicial District of Hinds County,Mississippi, more particular described as follows:

A parcel ofland lying and being situated in the SW IA of the NW IA of Section 26 T6N RIE HindsCounty Mississippi and being a part of Lot 20 of the Odeneal Survey a subdivision according to amap or plat thereof which is on file and of record in the office of the Chancery clerk of HindsCounty at Jackson, Mississippi, in Plat Book a Page 256 reference to which is hereby made in aidof and as a part of this description, said property being more particularly described as follows:

Commencing at the point where the south line of Lot One, Block "B", Woodland Hills (accordingto a plat thereof on file and of record in the office of the Clerk of the Chancery Court of HindsCounty, Mississippi, at Jackson, reference to which is here expressly made in aid of thisdescription), extended westerly would intersect the east line of Canton Avenue, as presently laidout, improved and used in this city, and which said point is the northwest comer of the Charles M.McEachern Clinic site and property; run thence southerly along said east line of Canton Avenue adistance of 155.58 feet to a nail on the southwest comer of the Dr. Robert M. Moss property(described in deed recorded in Book 764, Page 204, of the land records of Hinds County atJackson) and the Point of Beginning of the description ofthe property herein excepted; from saidPOINT OF BEGINNING; run thence S 19 degrees 00 minutes 36 seconds W along said east lineof Canton Avenue a distance of 91.50 feet to a 3/8" iron pin; thence S 58 degrees 02 minutes 36seconds E a distance of 54.12 feet to a nail in the top and center of the west end ofa concrete trafficdivider; thence S 71 degrees 01 minutes 10 seconds E and along the approximate center of saidconcrete traffic divider a distance of89.81 feet to a nail; thence S 78 degrees 27 minutes 59 secondsE along the approximate center of said concrete traffic divider a distance of 63.02 feet to a nail seton the east end of said divider; thence N 22 degrees 18 minutes 26 seconds E a distance of 79.35feet to a ~" iron pin set on the inside of curb on the southeast end ofa parking island; thence N 02degrees 42 minutes 01 seconds E a distance of81.48 feet to a 12" iron pin; thence N 89 degrees 22minutes 14 seconds W along the face of the south wall and the extension of the face of the southwall of the Dr. Robert Moss building a distance of 196.76 feet to a nail and the aforesaid POINTOF BEGINNING.

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Page 11: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 304

It is hereby modified so as to approve a Conditional Use Permit to allow for a drive thru windowfor a coffee shop for property located at 3100 Old Canton Rd. (Parcel #2-16) within a UTC - UrbanTown Center (Mixed Use) District. The conditions of the Use Permit shall be that it is granted onan annual basis; be granted to the current owner/operator of the Jackson Brew LLC coffee shop;and that subsequent owners or operators ofa coffee shop at this location must apply for and receivea new Use Permit. However, that before a Use Permit is issued for any structure to be erected oruse thereof on the said property, the applicant must meet the requirements established through theSite Plan Review process .

Council Member Banks moved adoption; Vice President Lindsay seconded.

There was no representation from the Applicant and no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

Vice President Lindsay recognized Zoning Administrator Ester Ainsworth who provided theCouncil with a procedural history of Case No. 4058, including all applicable ordinances, statutes,and a briefreview ofdocuments included in the Council agenda packets which were the applicablezoning map, future land use map, photos of the subject area, staff report, application with exhibitsand planning board meeting minutes.

Vice President Lindsay requested that the Clerk read the Order:

ORDER GRANTING ROBERT GREEN JR. A 15'-20' VARIANCE FROM THEREQUIRED 25' SETBACK FOR PROPERTIES WITHIN A R-4 (LIMITED)RESIDENTIAL DISTRICT TO ALLOW FOR THE CONSTRUCTION OF ACARPORT FOR THE PROPERTY LOCATED AT 3328 REVELS AVE.(PARCEL #422-67), CASE NO. 4058.

WHEREAS, Robert Green Jr. has filed a petition for a 15'-20' Variance from the required25' setback for properties within a R-4 (Limited) Residential District to allow for the constructionof a carport for property located at 3328 Revels Ave. in the City of Jackson, First Judicial DistrictofHinds County, Mississippi; and

WHEREAS, Jackson City Planning Board, after holding the required public hearing onMay 22,2019, has recommended approval of the said petition; and

WHEREAS, notice was duly and legally given to property owners and interested citizensthat a meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, June 17,2019to consider said change, based upon the record of the case as developed before the City PlanningBoard; and

WHEREAS, it appeared to the satisfaction of the City Council that notice of said petitionhad been published in the Jackson Advocate on May 2, 2019 and May 16, 2019 that a hearingwould be and had been held by the Jackson City Planning Board, as provided for by ordinances ofthe City of Jackson and the laws of the State of Mississippi, and that the Jackson City PlanningBoard had recommended approval ofthe petitioned 15' -20' Variance from the required 25' setbackto allow for the construction of a carport for property located at 3328 Revels Ave. within anexisting R-4 (Limited) Residential District of the City of Jackson; and

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Page 12: storage.googleapis.com · MONDAY, JUNE 17,2019,2:30P.M. 294 BE IT REMEMBERED that a Regular Zoning Meeting ofthe City Council ofJackson, Mississippi was convened in the Council Chambers

REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 305

WHEREAS, the Council, after having considered the matter, is of the opinion that thegranting of the Variance will not confer upon the applicant any special privilege that is denied bythis Ordinance to other similar lands, structures or buildings in the same district within the existingR-4 (Limited) Residential District of the City of Jackson.

NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OFJACKSON, MISSISSIPPI:

That the property located in the City of Jackson, First Judicial District of Hinds County,Mississippi, more particular described as follows:

Lot Seven (7) in Block "C" ofRedmond Addition, a Subdivision, according to a map or plat of saidSubdivision which is of record in the office of the Chancery Clerk of Hinds County at Jackson,Mississippi in Plat Book 6 at Page 37, reference to which is made in aid hereof.

It is hereby granted a 15'-20' Variance from the required 25' setback for properties to allow forthe construction of a carport for property located at 3328 Revels Ave. within a R-4 (Limited)Residential District. However, that before a Variance is issued for any structure to be erected oruse thereof on the said property, the applicant must meet the requirements established through theSite Plan Review process.

Council Member Banks moved adoption; Vice President Lindsay seconded.

There was no representation from the Applicant and no opposition from the public.

Thereafter, Vice President Lindsay called for a vote on said item:

Yeas- Banks, Foote, Lindsay and Tillman.Nays- None.Absent- Priester, Stamps and Stokes.

***************

ORDER GRANTING EXTENSION OF SPECIAL EXCEPTIONS AND USEPERMITS FOR ONE YEAR.

Coming for consideration are requests for the approval of the following for certification of renewalfor one year and after the anniversary date of approval for Use Permit or Special Exceptions asfollows:

CASE NO. NAME LOCATION USE GRANTED

SE -3974Community

Ward 7Trey Hester & 839 S. State St.

Recreational 6/19/17C-UP

Brez, LLC Facility to operateand Escape Room

SE-3975 Midtown Partners, 2007 N. Lamar St.Community 6/19/17

Ward 7 Inc. Facility

SE-2905 Mary Tillman3651 Mosley Personal Care

4/08/92Ward 3 Avenue Home

IT IS HEREBY ORDERED by the Council ofthe City of Jackson that the said Use Permits andlor Special Exceptions be and the same are hereby extended for another year from and after theanniversary date granting said permits.

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REGULAR ZONING MEETING OF THE CITY COUNCILMONDAY, JUNE 17,2019,2:30 P.M. 306

Council Member Banks moved adoption; Vice President Lindsay seconded.

Yeas- Banks, Foote, Lindsay, Priester and Tillman.Nays- None.Absent- Stamps and Stokes.

***************There being no further business to come before the City Council, it was unanimously voted toadjourn until the next Special Council Meeting to be held at 4:00 p.m. on Wednesday, June 26,2019 at 3:29 p.m. the Council stood adjourned.

ATTEST:

~~CI CL

APPROVED:

(~;MAYOR

***************

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